with Messrs. Crystal Company, local
agents and representatives of Messrs. Lyra Lead Pencil Company, Nuremberg,
West Germany, for the purchase of 'Lyra' brand ... accept the licence produced. Declare number of pieces and
length of the pencil both in words and Figures."
The endorsement showed that the Assistant
Standard Pencils (P) Ltd. Etc. Etc vs Collector Of Central Excise, Madras on 19 September, 2002
Equivalent citations: AIR 2002 SUPREME COURT ... Variava
CASE NO.:
Appeal (civil) 737 of 1995
PETITIONER:
STANDARD PENCILS (P) LTD. ETC. ETC.
RESPONDENT:
COLLECTOR OF CENTRAL EXCISE, MADRAS
DATE OF JUDGMENT
purpose the contract can be severed upon applying the `doctrine of blue
pencil'.
It is not in dispute that Appellant-Bank ... Section 4(3) of the 1972 Act.
The `doctrine of blue pencil' was evolved by the English and American
Courts. In Halsbury
sheets and found that the
Respondent had underlined the answer sheet with pencil
at several places in Law Paper-1. The High Court was also ... Instructions issued by the
Commission which prohibits candidates from using a pencil
for any purpose. Instruction 22 (1) (II) provides that:
“Penalty for violation
interview
No. No. interview sheetshown
in 1
1. 1906 Pen 9 pencil ... said sheet. The said sheet contained the
interview marks written in pencil. He asked
Shri Mahindra to bring the specimen
impressions of all the typewriters
knowhow of the same.
Doctrine of Blue Pencil
22.In such a situation, the doctrine of “blue pencil” which strikes off the offending
clause being ... State of Maharashtra , (2006) 8 SCC 514,
“10. The “doctrine of blue pencil” was evolved by the English and
American courts. In Halsbury
give an illustration, if a person says "this is a pencil", then
he means that it is a pencil ... that when he says that the object is a
pencil, he means that it is a horse, donkey or an elephant. In other words
says "this is a
CIVIL APPEAL NO. 2684 OF 2007
-12-
pencil", then he means that it is a pencil ... that when he says that the object is a pencil, he means
that it is a horse, donkey or an elephant. In other words
give an illustration, if a person says "this is a
pencil", then he means that it is a pencil ... that when he says
that the object is a pencil, he means that it is a horse, donkey or an
elephant. In other words
case, where the severance can be made
by using a 'blue pencil'. But it could be done only in those
cases where ... covenant is severable, it could be implemented
by applying the 'blue pencil' test.
The legal position in India is not different.
In Coringa
